5.4
Intended positive IPER and top-up search 

If a positive WO-ISA was drafted or the objections in the negative WO-ISA have been overcome by the applicant's amendments/arguments, and if the top-up search reveals:

(a)
no relevant documents, a positive IPER is issued directly. 
(b)
pertinent prior art published before the priority date, a WO-IPEA or telephone minutes is/are issued (GL/PCT-EPO C‑IV, 2.2). Details of how the document is indicated can be found in GL/PCT-EPO C‑IV, 5.3(b).
(c)
only P/E documents which are (could become) prior art under Art. 54(3) EPC in later EP proceedings (independently of the validity of the priority), a WO-IPEA with detailed novelty reasoning is sent (GL/PCT-EPO B‑XI, 3.4); the document is introduced in Section VI and its possible relevance upon entry into the EP phase is indicated. Details of how the document is indicated can be found in GL/PCT-EPO C‑IV, 5.3(a).
(d)
other P/E documents relevant for novelty and if the priority is (assumed to be) valid, a positive IPER is sent directly (GL/PCT-EPO B‑XI, 3.4), and the document is mentioned in Section VI of the IPER.

 

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